Friedman v. Baca et al

Filing 33

ORDER that the claims against I.M. Harris are dismissed without prejudice. Signed by Judge Miranda M. Du on 10/16/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KENNETH FRIEDMAN,

Case No. 3:17-cv-00433-MMD-WGC
Plaintiff,

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ORDER

v.
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ISIDRO BACA, et al.,
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Defendants.
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The operative complaint in this action incorporates both the First Amended

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Complaint originally filed on March 27, 2018 (ECF No. 16), and the Supplemental

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Complaint filed on August 21, 2018 (ECF No. 31). After the Court screened the First

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Amended Complaint, Plaintiff Kenneth Friedman moved to file the Supplemental

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Complaint (“Plaintiff’s Motion”) (ECF No. 26). While Plaintiff’s Motion was pending, the

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Court issued a notice of intent to dismiss I.M. Harris pursuant to Fed. R. Civ. P. 4(m)

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unless proof of service is filed by September 15, 2018. (ECF No. 28.) The Court

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subsequently granted Plaintiff’s Motion and instructed the Clerk to file the First Amended

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Complaint along with the Supplemental Complaint. (ECF No. 30.) The Court noted that

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the Supplemental Complaint would be screened, but the First Amended Complaint would

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not. (Id.) Although the Supplemental Complaint has not yet been screened, it is apparent

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that it does not contain any new allegations against I.M. Harris. (See ECF No. 31 at 6-8.)

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Moreover, no such proof of service regarding I.M. Harris has been filed to date.

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Accordingly, it is ordered that the claims against I.M. Harris are dismissed without

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prejudice.

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DATED THIS 16th day of October 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE